Tag Archives: supreme court

DADT Case Goes to Supreme Court

The Log Cabin Republicans have asked the US Supreme Court to reinstate Judge Virginia Phillips’ injunction prohibiting the US military from enforcing its ban on open homosexual service.  The military has said DADT will continue to be enforced during appeal.

In perhaps the supremest of ironies, the request lands on the desk of Supreme Court Justice Anthony Kennedy.  Some have speculated that DADT would be 4-4 at the court, with Kennedy being the deciding vote.

The filing demonstrates a self-righteous and self-centered Read more

Supreme Court Reverses Injunction Against Mojave Cross

The decision in Salazar v Buono directly relates to faith in the military profession, as its very basic premise has far reaching implications:

Is a cross on government land an unConstitutional endorsement of the Christian faith?

A variety of organizations reported on the Supreme Court ruling Wednesday essentially allowing the World War I memorial Mojave cross to remain standing.  The ruling reversed the appeals court decision initially declaring the cross on federal land unConstitutional, and then declaring the US Congress transfer of land to the VFW invalid due to its attempt to “avoid” the injunction.

The Supreme Court issued six separate opinions, with no single majority opinion.  The decision itself (pdf) is largely procedural, though the net effect Read more

Update: Weinstein Lawsuit Case Law

In previous posts (original, update) regarding the MRFF lawsuit against Jeremy Hall’s superior officer and the Defense Department, it has been noted that the American judicial system has been loathe to interfere with the separate judiciary of the military.  It has also been noted that, to this point, it does not appear Hall utilized the in-place grievance systems.

So as not to depend on “urban legend” and rumor, a little research resulted in finding the Supreme Court case of Chappell v. Wallace (1983), which addresses both of these concerns, and is quoted extensively below.

In Chappell v. Wallace, 462 U.S. 296 (1983), which can be referenced in its entirety here, the US Supreme Court held that superiors could not be sued by their subordinates because Read more

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